Who is obliged to keep a logbook?
According to the Solas Convention, the international agreement on the safety of life at sea, logbooks must be kept on seagoing vessels. Although the member states have the option of exempting recreational craft from this obligation under national legislation, Germany has not made use of this option. On the contrary, the Ship Safety Act of 1998 clearly stipulated that ships sailing under the German flag, including recreational craft, must keep suitable records documenting the course of a voyage.
"To clarify who exactly is obliged to record, the term 'usual road user' has become established in practice," explains Dr Heyko Wychodil, a lawyer specialising in recreational boating law. In this way, the differences between boat types and areas are taken into account.
Dinghy sailors, for example, will not usually make a logbook entry after a regatta on the Kiel Fjord. The skipper of a flybridge yacht setting course from Kiel to Bagenkop, 25 nautical miles away, on the other hand, will certainly log the trip. This is customary and reasonable.
What is the purpose of a logbook?
The following example shows how important regular recordings can suddenly become. Two sailing yachts collide at night off the coast of Sicily in the Mediterranean. Both suffer damage. Both skippers later claim that they were sailing under engine power and had the necessary lights on. However, the skipper who was obliged to give way states that the other vessel was unlit and was therefore probably at anchor.
In this case, the anchor berth holder would certainly have been largely to blame for the collision. His lawyer, however, argued that his client had done everything according to the regulations. In fact, no lookout had probably been on board the other party to the accident.
It is testimony against testimony. However, an electronic logbook was kept on both boats. That of the allegedly unlit yacht proves from logged data that it was indeed underway and that the crew had also switched on the navigation lights. The logbook of the other yacht, on the other hand, is not available. According to the skipper, it was allegedly stolen together with the notebook at an Italian railway station during the journey home.
In view of the evidence, the judge has no choice but to impose the burden of the damage incurred on the sailor without a logbook. The latter can neither prove that the information in the other party's ship's log is untrue nor that he kept a sufficient lookout.
The logbook can have strong evidential value
The obligation to keep a logbook is particularly important if something goes wrong. Ideally, a perfectly kept logbook is available. The voyage is traceable from waypoint to waypoint, everyday life on board is documented and special incidents are plausibly documented on the pages. The law grants such a document strong probative value. The records are deemed to be true unless they are refuted or are inconclusive when viewed as a whole. Ideally, they can therefore legally exonerate the skipper.
However, if the logbook does not meet the formal requirements, is incomplete, contains inaccurate information or gives a dubious impression, this can be used as an indication of careless ship management and can be an argument in favour of the skipper's contributory negligence.
How should a logbook be kept?
The form in which the documentation is to be produced, whether on paper or electronically, is not specified. Instead of the traditional bound book, a corresponding computer programme can also be used. Provided that it fulfils adequate formal requirements, such as those placed on a conventional logbook. If document authenticity is guaranteed, the electronic logbook is certainly equivalent.
The formal requirements (according to the Ship Safety Ordinance)
- Reference to the ship The book belongs to exactly one ship. This must be named in the logbook. Also note the call sign and, if available, the MMSI and the number of the international boat licence. The technical and existing safety equipment should also be listed.
- Entries Always use a ballpoint or felt-tip pen, not a pencil. Write as legibly as possible and in German. Always state the time on board.
- Changes If entries are incorrect, they must be crossed out so that they are still legible afterwards. Corrections must be dated and signed.
- Abbreviations Explain non-generic abbreviations in the book.
- Signature Each page must be signed by the skipper.
- Storage The logbook must be kept for three years after the last entry, even if the ship changes hands in the meantime.
- Type and components A logbook could also consist of many individual loose notes. However, in case of doubt, this would give a rather careless impression of the skipper. Bound books with numbered pages are better - or you can use an appropriate computer programme. In addition, position information on nautical charts, weather data printouts or individual notes can also be included in the logbook, provided they are listed in it.
How often do entries have to be made?
The question of when an entry should be made in the logbook is trickier to answer - because this is not clearly regulated. One thing is clear: Only a logbook that is kept as comprehensively as possible gives outsiders the opportunity to understand a situation in retrospect. This means that too many notes cannot actually be made.
The frequency and scope of the entries tend to be limited by the time available on board and the clarity of the logbook. The frequency of entries certainly also depends on the sea area being travelled. In narrow waters with a high volume of traffic, there is naturally a greater risk of collision. Therefore, more frequent entries of position, course and speed make sense here.
Conversely, on sea passages far from shipping lanes, less frequent notes are sufficient. Here, other points take centre stage due to the greater distance from land. For example, has there been any damage to the ship, what is the weather situation, are there any cases of illness on board?
As a rule of thumb: An entry must be made at least once per day of travelling. And at least every time something important happens during the day. This could be reaching a waypoint, a change in the weather or a stop at anchor.
What must be entered in the logbook?
The question remains as to what exactly should be recorded. The yardstick is the so-called non-expert third party. It is best for the author to ask himself whether he has provided all relevant information in order to describe a situation as precisely as possible.
At the latest in the event of a disputed claim, the addressees are insurance experts, lawyers and judges. "If insurance companies argue in court about insurance benefits to be paid, it is not uncommon for records from ship logbooks to be used to clarify the facts of the case," reports Wychodil from practical experience. The same applies when accidents involving pleasure craft are brought before maritime authorities.
In such proceedings, the contents of the logbook are deemed to be true until proven otherwise. The legislation attaches great importance to it. However, in order to do justice to this, it must firstly be comprehensible and secondly complete.
The logbook must be traceable
Depth information, for example, is traceable. It can be easily checked using the position entered, for example by looking at the nautical chart. If the depth information from the echo sounder in the logbook corresponds to that on the chart, the plausibility of the entry is obvious. A logbook - in its entirety - is complete if, for example, the page numbering is consecutive and it can therefore be proven that no entries have been removed. Electronic logbooks must create corresponding chronicles that show when and by whom an entry was made.
But what characterises the individual entry as complete? What information should be included? There is no list in the Solas Convention or in German law. The Ship Safety Act only refers to "suitable entries".
It is therefore up to the skipper to decide what is suitable and what is not. In practice, this always depends to a large extent on the situation. The following list therefore serves more as a suggestion than as a complete recommendation to be strictly followed.
This is how a logbook should be kept
Per sailing day
When is the entry made? Every day the vehicle is used. One new page per day. If the lines are cast off, an entry must be made; a record can be kept for harbour days. Note the date on board for each day entered.
- Departure point Where does the journey begin? If there are several marinas in one place, specify the exact berth.
- Weather situation What is the current weather on site, what is the forecast for the intended sailing area? A printout from the harbour master or the Navtex, for example, is also suitable.
- Crew Who is on board? If guests are joining for the first time or if something has changed on board, a safety briefing is required. Make a note of this in the logbook. If the skipper has made lifejackets compulsory, make a note of this too. If necessary, have the crew sign the briefing and instructions. Acute illnesses of crew members should also be noted, as well as the current watch system.
- Controls Oil level and engine cooling, tank contents (water/diesel/faeces), bilge, state of charge of the on-board batteries, deflection of the compass - every check is recorded in the logbook.
- Technical problems What is not working correctly? Defects often cannot be rectified immediately. Enter them as long as they remain. Also keep a log of any emergency repairs carried out.
- Refuelling/extraction If tanks have been filled or emptied, note this with filling quantities if possible. When refuelling, write the operating hours of the machine in the logbook.
- Nautical events For example, note the expected current, deviation or jet formation between islands.
- Place of arrival Where does the journey end? When does it end? If there are several possibilities to moor or anchor at the destination, describe the location as precisely as possible.
Per entry
When is the entry made? After a reasonable time interval has elapsed and for every relevant event. The skipper decides what is a reasonable interval and what is relevant. It depends on the sailing area, the weather conditions or the traffic situation, for example. Examples
- Reaching a waypoint Then enter the magnetic compass heading before and after the waypoint. The general direction is sufficient. On a winding archipelago fairway, for example, not every change of course needs to be noted.
- Weather Observation and modification. Receipt of a new weather report.
- Nautical observations Other vessels, if relevant or unusual. Deviations from the contents of the nautical chart, such as a displaced tonne.
- Damage Detection of new damage on board.
- General average Regardless of whether your own vehicle is involved or not. Of course, the rescue of people and ships takes priority over the entry in the logbook.
With every entry:
- Board time.
- Wind force and direction.
- Sea state according to Beaufort or wave height in metres.
- Cloud cover in per cent. Precipitation. Visibility in nautical miles.
- Logging status.
- Course and travel over ground or through water; if possible, both.
- Other remarks. Here you can enter anything that seems relevant in addition to the above, such as information on light guidance, ship or shore sightings, special incidents on board.
Logbooks with ready-made lists and text fields that only need to be filled in are also helpful.
A logbook can also consist of several documents. The individual components then belong in the main logbook. A nautical chart is an example of such an attachment to the ship's logbook. Practical, as courses and positions are entered in it anyway. Impractical, however, considering the three-year retention period stipulated by the Ship Safety Ordinance. Each card could only be used once due to the traceability of the voyage. This would be the only way to document a voyage completely and permanently.
In this respect, electronic logbooks are an alternative. If desired, they automatically take the trip data from the GPS and archive it. Further information can be added automatically or manually. In this way, a complete and comprehensible record of events on board is created almost automatically in the on-board computer.
The logbook as a personal archive
And there is one more point that should not be forgotten despite all the legal obligations: the freestyle. Ultimately, a logbook always contains a lot of personal memories. For many sailors, the opportunity to record their subjective impressions and thoughts is what makes writing fun.
Sometimes this also has very practical uses. Because of course the ship's logbook from the previous year should also provide answers to the question when planning the next cruise: In which harbour was that delicious fish stall again?
